Constitutional Mechanisms to Prevent Conflicts of Power: A Comparative Study between Iraqi and Emirati Law

Abstract

This study examines the constitutional mechanisms designed to prevent legal conflicts between the legislative, executive, and judicial authorities in the Iraqi and Emirati legal systems through a comparative approach aimed at understanding how these systems achieve balance among the authorities. The principle of separation of powers serves as a cornerstone to ensure the independence of each authority and prevent overlap in their jurisdictions, thereby enhancing the stability of the legal system. In Iraq, the Federal Supreme Court plays a pivotal role in interpreting constitutional provisions and resolving disputes between federal and regional authorities, as outlined in the 2005 Constitution. In the UAE, the Federal Supreme Court is tasked with settling disputes between judicial bodies across different emirates, ensuring balance between federal and local authorities in accordance with the UAE Constitution. The study adopts a descriptive, analytical, and comparative methodology to analyze these mechanisms, focusing on relevant constitutional texts and laws. The findings highlight the critical role of judicial independence in achieving justice, while also identifying challenges such as jurisdictional overlap due to legal or political changes. The study proposes strengthening judicial and legislative mechanisms to enhance the effectiveness of the separation of powers, contributing to the reinforcement of the rule of law. The results indicate that both systems possess effective mechanisms, but there is a need to further develop these mechanisms to address future challenges.